G19-07 Ordinance No. G19-07
AN ORDINANCE
AMENDING CHAPTER 6.37
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "RENTAL RESIDENTIAL PROPERTY"
WHEREAS, the City Council of the City of Elgin has determined it is necessary and
desirable to provide for the licensing and inspection of rental residential properties within the
city; and
WHEREAS, the City of Elgin is a home rule municipality as defined in Article VII,
Section 6A of the 1970 Constitution of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and perform any function
pertaining to its government and affairs; and
WHEREAS, the licensing and inspection of rental residential property pertains to the
government and affairs of the City of Elgin.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 6.37.050, subsection B of the Elgin Municipal Code, 1976, as
amended, entitled "License Application," be and is hereby amended to read as follows:
B. Each application for a new license or a renewal of an existing license shall be
accompanied by a fee as determined by the number of dwelling units or rooming
units established within the rental residential property, as set forth in the table
below:
NUMBER OF DWELLING NEW LICENSE OR LICENSE
UNITS OR ROOMING UNITS RENEWAL APPLICATION FEE
1-5 $71.00
6-10 $107.00
11-15 $143.00
16-20 $178.00
21-25 $214.00
26-30 $250.00
31-35 $285.00
36-40 $320.00
41-45 $356.00
46-50 $392.00
51-55 $428.00
56-60 $463.00
61 65 $499.00
66-70 $535.00
71-75 $570.00
76-80 $606.00
81-85 $642.00
86-90 $677.00
91-95 $713.00
96-100 $748.00
For the purposes of this subsection, the calculation of the total number of dwelling
units or rooming units within any rental residential property established within a
single building using more than one street address shall be determined by
counting the total the number of such dwelling units or rooming units existing
within such building (i.e., not per street address within such building), provided
that more than two dwelling units or two rooming units have been established in
the building. All such fees shall be payable at the office of the department. Each
application for a new license or a renewal license shall also be accompanied by
copy or copies of the written notice or notices required under subsection
6.37.100C of this chapter advising each tenant or occupant of the maximum
number of persons allowable by the occupancy standards of the city's property
maintenance code. Applications for a new license shall be assigned an annual
license renewal date determined by the date on which their application for a new
license was filed with the city. All licenses shall expire on the day following that
annual license renewal date.
Section 2. That Section 6.37.060, subsection D and subsection F of the Elgin
Municipal Code, 1976, as amended, entitled "Inspection Requirements," be and are hereby
amended to read as follows:
D. When a licensing inspection of a rental residential property reveals any violations
of applicable codes, a compliance time frame will be set by the code official. In
establishing a compliance time frame, the code official shall determine the
reasonable minimal time necessary to correct the violations based upon the
number and severity of the violations. The code official shall send notice to the
property owner or the listed property agent by regular U.S. mail at the last address
provided on the most recent license application. Said notice shall include the
following:
1. Description of the property sufficient for identification;
2. A statement listing the violations of applicable codes;
3. A statement of the date upon which the licensing reinspection will occur; and
4. An explanation that if upon completion of the licensing reinspection that the
requirements of applicable city codes have not been met, the license will be
suspended or revoked.
F. A rental residential property which is in total compliance at the time of the
licensing inspection shall receive a two year extension of the license at no
additional charge and with no additional inspections being required, provided the
owner or property agent of the rental residential property has successfully
completed the landlord training class required under section 6.37.100 of this
chapter.
Section 3. That Section 6.37.080 of the Elgin Municipal Code, 1976, as amended,
entitled "Violations," be and is hereby amended to read as follows:
A. Failure of the owner or owners of the rental residential property to license such
property with the code official.
B. Failure of the owner or owners of the rental residential property to schedule a
licensing inspection with the city after filing an application for a new license or
after filing an application for renewal of an existing license.
C. Failure of the occupants of the rental residential property to vacate such property
within sixty (60) days after receiving notice from the code official that such
property is not properly licensed or that the license has been revoked.
D. Failure of the owner of the rental residential property to vacate all tenants from
said property within sixty (60) days after the license has been revoked.
E. Failure of the owners of the rental residential property to maintain the structure
and premises in compliance with applicable building, property maintenance and
zoning ordinances.
F. Any person other than an inspector from the department who removes or defaces
any notices which have been posted pursuant to this chapter without the approval
of the code official shall be liable for the penalties provided for by this chapter.
G. Failure of the owner of the rental residential property to comply with any other
applicable provision of this chapter or this code.
Section 4. That Section 6.37.100 of the Elgin Municipal Code, 1976, as amended,
entitled "Owner Responsibility," be and is hereby amended to add the following new subsection
to read as follows:
E. After June 30, 2006, the owner of any rental residential property, and when
applicable, the property agent of any residential property, shall attend and
successfully complete a landlord training class conducted by the city within one
year from the date of the issuance of a license or renewal license for a rental
residential property.
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1. The fee for such landlord training class shall be $22.00 per person.
2. An owner or property agent of any rental residential property who successfully
completes the city's landlord training class shall not be required to attend and
complete a landlord training class following the issuance of any subsequent
license or renewal license for any rental residential property.
3. When a new property agent is hired for a rental residential property and that
property agent has not previously attended and successfully completed a landlord
training class conducted by the city, the new property agent shall attend and
successfully complete a landlord training class conducted by the city within one
year from that person's date of hiring as the property agent for the rental
residential property.
4. An owner or property agent of any rental residential property who has
successfully completed prior professional training commensurate with the city's
landlord training class may apply to the code official and seek a waiver from the
landlord training class requirement. The code official, in his or her sole discretion,
shall determine whether the applicant's prior professional training constitutes the
substantial equivalent of the city's landlord training class. A representative
example of substantially equivalent prior professional training includes, but it is
not limited to, the "Master Property Manager (MPM)" designation conferred by
the National Association of Residential Property Managers (NARPM) and must
minimally include coursework regarding tenancy-related issues as well as
habitability standards and maintenance.
F. For any lease for rental residential property executed after June 30, 2006, the
owner or property agent of any rental residential property shall utilize the crime
free lease addendum set forth below, or have a clause in a lease substantially
utilizing the language in the crime free lease addendum:
CRIME FREE LEASE ADDENDUM
In consideration of the execution or renewal of a lease of the dwelling unit
identified as [PROPERTY NAME, ADDRESS], unit number
, Owner and Resident agree as follows:
1. Resident, any members of the resident's household or a guest or other
person under the resident's control shall not engage in criminal activity,
including drug-related criminal activity, on or near the said premises.
"Drug-related criminal activity" means the illegal manufacture, sale,
distribution, use, or possession with intent to manufacture, sell, distribute,
or use of a controlled substance (as defined in Section 102 of the
Controlled Substance Act (21 U.S.C. 802)).
2. Resident, any member of the resident's household or a guest or other
person under the resident's control shall not engage in any act intended to
facilitate criminal activity, including, but not limited to drug-related
criminal activity, on or near the said premises.
3. Resident or members of the household shall not permit the dwelling
unit to be used for, or to facilitate criminal activity, including but not
limited to drug-related criminal activity, regardless of whether the
individual engaging in such activity is a member of the household, or a
guest.
4. Resident, any member of the resident's household or a guest, or another
person under the resident's control shall not engage in the unlawful
manufacturing, selling, using, storing, keeping, or giving of a controlled
substance at any locations, whether on or near the dwelling unit premises
or otherwise.
5. Resident, any member of the resident's household, or a guest or another
person under the resident's control shall not engage in and/or facilitate any
illegal activity, including but not limited to the following: prostitution;
criminal street gang activity; threatening or intimidating; assault, including
but not limited to, the unlawful discharge of firearms on or near the
dwelling unit premises; or any breach of the lease agreement that
otherwise jeopardizes the health, safety and welfare of the landlord, the
landlord's agent or other tenant or involving imminent or actual serious
property damage.
6. VIOLATION OF THE ABOVE PROVISIONS SHALL BE A
MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND
GOOD CAUSE FOR TERMINATION OF TENANCY. A single
violation of any of the provisions of this added addendum shall be deemed
a serious violation and a material and irreparable non-compliance. It is
understood that a single violation shall be good cause for immediate
termination of the lease. There is no "good cause" requirement in the State
of Illinois for lease terminations. Unless otherwise provided by law, proof
of violation shall not require criminal conviction, but shall be by a
preponderance of the evidence.
7. In case of conflict between the provisions of this addendum and any
other provisions of the lease, the provisions of the addendum shall govern.
8. This LEASE ADDENDUM is incorporated into the lease executed or
renewed this day of , 20 , between Owner and Resident.
Date:
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Resident Signature
Date:
Property Manager's Signature
Section 5. That Section 6.37.120 of the Elgin Municipal Code, 1976, as amended,
entitled "No Effect On Leases," be and is hereby amended to read as follows:
With the exception of the provisions set forth in Section 6.37.100 of this chapter, this
chapter is not intended to and does not affect the rights and obligations of the parties to a
lease, oral or written, of a rental residential property.
Section 6. That Chapter 6.37 of the Elgin Municipal Code, 1976, as amended, entitled
"Rental Residential Property," be and is hereby amended to add Section 6.37.135, entitled
"Miscellaneous Fees," to read as follows:
The fees set forth below shall be imposed on the owner of any rental residential property
upon the occurrence of the described activity:
Reinspection, following a prior reinspection: $ 50.00
Late payment on any imposed fee that is 30-60 days overdue: $ 50.00
Late payment on any imposed fee that is more than 60 days overdue: $ 50.00
Cancelled inspection or missed inspection: $ 50.00
(Scheduled inspections must be cancelled not later than the business
day immediately preceding the inspection date in order to avoid a
cancellation fee.)
Suspended license: $100.00
Revoked license: $500.00
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schock, Mayor
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Presented: April 11, 2007
Passed: April 11, 2007
Omnibus Vote: Yeas: 7 Nays: 0
Recorded: April 12, 2007
Published: April 13, 2007
Attest:
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Dolonna Mecum, City Clerk
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